GUIDELINES FOR POLITICAL ACTIVITY

February 2005

These guidelines describe activities by school districts, board members or district employees that are authorized and prohibited under current state law. Legal counsel should be consulted if it is unclear whether a particular activity is authorized by law.

Please note that the term "district funds" is used broadly to include not just funds, but also staff resources,
services, supplies, equipment and facilities of the district.

General use of "district funds"

A school district may use “district funds” to objectively analyze the impact of a ballot measure on
the district and to provide such information to the public. (Education Code §§ 7054(b) &
35172(c))

A school district may disseminate information regarding a ballot measure as long as it provides the
public with a "fair presentation of relevant information." (Education Code § 7054(b)(2)) The
presentation of factual information should be even-handed and neutral in tone. (See Sacramento,
County of, FPPC Enforcement Decision SI-93/345 (1996))

A school district may not use “district funds” to urge a particular result in an election campaign
and should avoid the use of advocacy words in informational materials. (Education Code § 7054)

A school district may not use “district funds” to support or oppose a candidate or ballot measure.
(Stanson v. Mott (1976) 17 Cal.3d 206) For example, a district may not use public funds to
purchase such items as bumper stickers, posters, advertising floats, or television and radio spots in
connection with a ballot measure campaign. (Id. at 221.)

Newsletters or other mass mailings featuring elected officials or their position on a bond measure
may not be sent at public expense. (Government Code § 89001)

The district may lobby legislators and governmental agencies in connection with legislation
affecting the district and may contribute funds to associations to lobby on its behalf. However, the
district may not use “district funds” to urge the public to lobby on behalf of the district.
(Government Code §50023, Miller v. Miller (1978) 87 Cal.App.3d 762)

Resolutions

A school district board may adopt a resolution (1) opposing or supporting a ballot measure or (2)
opposing or supporting a legislative proposal at a regularly scheduled, open meeting at which the
public is permitted to express its views. (Choice-in-Education League v. Los Angeles Unified
School District (1993) 17 Cal.App.4th 415; see also March 18, 1996, Office of Legislative
Counsel Advice Letter # 7837)

The fact that a resolution has been adopted should not be included in informational material about
the ballot measure distributed by the district. (Choice-in-Education League v. Los Angeles Unified
School District (1993) 17 Cal.App.4th 415; see also March 18, 1996, Office of Legislative
Counsel Advice Letter # 7837)

A school district may publicize its adoption of a resolution through regularly incurred
expenditures, such as the costs of televising board meetings. This is permissible because the
expenditures are not undertaken for the purpose of influencing voters. (Choice-in-Education
League v. Los Angeles Unified School District. (1993) 17 Cal.App.4th 415) Based on the
reasoning in that case, a district's normal expenditures on informational materials, such as a
regular press release, would be acceptable provided that the information is presented in a neutral
fashion and does not urge residents to support or oppose an initiative measure. (Choice-in
Education League v. Los Angeles Unified School District (1993) 17 Cal.App.4th 415; see also
March 18, 1996, Office of Legislative Counsel Advice Letter # 7837)

Beyond regularly incurred expenses, a school district may not otherwise use “district funds” to
publicize its adoption of a resolution. (Choice-in Education League v. Los Angeles Unified School
District (1993) 17 Cal.App.4th 415; see also March 18, 1996, Office of Legislative Counsel
Advice Letter # 7837) According to Legislative Counsel, this means that a district may not use
”district funds” to hold a press conference regarding its position, issue a special press release or
include a copy of its resolution in a mailer to district residents. (March 18, 1996, Office of
Legislative Counsel Advice Letter # 7837)

Actions of employees and board members

Board members and school district employees may engage in political activity as private citizens,
as long as the activity does not involve the use of “district funds.” (Government Code § 3207;
Education Code § 7052; see also SB 82, Section 1(b), Statutes of 1995, c. 879) When doing so,
board members and employees should make it clear they are acting on their own and on their own
time.

During non-working hours, school district employees may engage in political activities, including
soliciting and receiving political contributions on school property. (Education Code § 7056)

During working hours, school district employees may not engage in political activities.
(Education Code § 7056)

A school district board member or administrator may attend a meeting of a citizens' group at the
request of the group to explain the factual basis for the district's position on a bond measure at any
time. (Education Code § 7054.1)
During working hours, school district board member or administrator invited to attend a citizens'
group meeting to explain the district's position on a bond measure may not urge the group to vote
for or against the measure. (Education Code § 7054.1)

While engaged in instructional activity, a school district may preclude employees from wearing
political buttons, but cannot selectively allow some buttons to be worn while prohibiting others.
(California Teachers Assn. v. Governing Board (1996) 45 Cal.App.4th 1383; 77
Ops.Cal.Atty.Gen. 56 (1994))

While engaged in non-instructional activity, a school district may not preclude employees from
wearing political buttons. (California Teachers Assn. v. Governing Board (1996) 45 Cal.App.4th
138)

Use of district facilities

A school district may make a school forum available to the public as long as the forum is made
available to all sides on an equitable basis. (Education Code §§ 7058 & 40041)

Disclaimer: This website is the sole responsibility of Mike
McMahon. It does not represent any official opinions, statement of facts or
positions of the Alameda Unified School District. Its sole purpose is to
disseminate information to interested individuals in the Alameda community.